About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

33 L. Q. Rev. 363 (1917)
Legal Relations Between an Occupying Power and the Inhabitants

handle is hein.journals/lqr33 and id is 371 raw text is: THE LEGAL RELATIONS BETWEEN AN OCCUPYING POWER AND THE INHABITANTS. IN my paper on War Treason published on pp. a66-86 of this volume of the L. Q. R. I discussed and rejected the doctrine which asserts that the inhabitants of militarily occupied country owe a temporary allegiance to the occupant. It is advisable to inquire now into the nature of the relations between an occupying power and the inhabi- tants. It cannot be said at all that the nature of these relations is everywhere clearly recognized and well defined. The literature on the subject is to a great extent obscure, and the echo of the former rule that the occupant at once becomes the sovereign of the occupied territory resounds more or less distinctly in the writings of many publicists, although it is commonly rejected in the crude expression given to it by Twiss (vol. ii, § 64). When Bluntschli (§ 544) says that, while the dominion (Staatsgewalt) of the legitimate government is displaced by the military power of the occupant, the inhabitants must render laatliene Gelor&am to the occupying power; when Despagmet (§ 570) says that the de facto substitution -of the sove- reignty of the occupant for the sovereignty of the legitimate government subjects the inhabitants to certain obligations to the occupying power; and when other authors use similar language, the suspicion is roused that they still labour under a remote influence of the nowadays untenable theory that the occupant is for the time being the sovereign of the occupied territory. Indeed, a number of writers, such as Hall (§§ 154 and 155 of the 4th edition) and Calvo (§ 2166 of the 5th edition), have in every point freed themselves from the influence of the theory of substituted sovereignty, yet they have not sufficiently I elucidated. the nature of the relations between the occupying power and the inhabitants. On the other hand, there is a general agreement on three points. Firstly, every one agrees that through military occupation the authority over the territory 1 I must reproach myself in this matter, if there be reproach at all. Although throughout my treatise on international law where I treat of occupation, I, of course, avoid calling the authority of the occupant 'sovereignty '-I always deliberately speak of his 'sway' to which inhabitants owe obedience, and assert that this sway is merely military authority,-I have nowhere pointed out, as I ought to have, that the obedience owed to the occupant is imposed upon the inhabitants by his martial law only, and neither by international nor by their own municipal law. ce2

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most